The opinion of the court was delivered by: Laurie Smith Camp Chief United States District Judge

RE: TRIAL PREPARATION (CIVIL NON-JURY TRIAL

ORDER

1. CIVIL TRIAL SCHEDULE:

This matter is scheduled for trial the week of May 6, 2013, and the first day of trial will be Tuesday, May 7, 2013.

2. PRETRIAL MOTIONS:

A. Continuance

Motions to continue trial are referred to Magistrate Judge F.A. Gossett for decision. Any motion to continue trial must be filed electronically, together with a supporting affidavit, as soon as is practicable. The moving party shall send a proposed order to Magistrate Judge Gossett at gossett@ned.uscourts.gov.

B. Evidentiary Hearings

Please notify my chambers immediately upon filing any pretrial motion requiring an evidentiary hearing pursuant to Fed. R. Evid. 104 so that a hearing may be held within sixty (60) days before trial. Absence of a request for an evidentiary hearing may be deemed a waiver of such hearing. If the requested evidentiary hearing involves a Daubert-Kumho question regarding an expert, the expert's disclosure under Fed. R. Civ. P. 26(a)(2) must be submitted to my chambers when the motion for the Rule 104 hearing is filed. All other material regarding a requested Rule 104 hearing must be submitted to my chambers when the motion for a Rule 104 hearing is filed. Each party shall submit a brief regarding each question raised by a motion requiring a Rule 104 hearing.

THE FOLLOWING MATERIAL MUST BE SUBMITTED NO LATER THAN FIVE (5) WORKING DAYS BEFORE THE SCHEDULED DATE OF TRIAL UNLESS OTHERWISE STATED IN THE PRETRIAL ORDER

3. PRETRIAL SUBMISSIONS:

A. The trial brief shall be filed electronically with the Clerk of the Court. If the exhibit list and witness list were not incorporated into the final pretrial order, then those documents also shall be electronically filed.

B. In addition, each party shall e-mail to my chambers (smithcamp@ned.uscourts.gov) in Microsoft Word or Wordperfect format the witness list and exhibit list, and shall file electronically with the Clerk of the Court a certificate of service ...

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